Ottawa Lawyer: Accident Compensation for Out-of-Pocket Damages (Economic Loss)
The expenses you incur and the income you lose are often very significant components of your claim for compensation. Generally, these are objective costs to you that can be calculated with relative ease as long as someone is keeping track.
Managing Medical Expenses After an Ontario Accident
As an injured person, you will likely require health care services not covered by OHIP, such as physiotherapy, occupational therapy, chiropractic, massage, prescriptions, prolotherapy, psychology, vocational rehabilitation, dentistry, and in catastrophic cases, additional services such as case management. If you have extended health care benefits that cover all or some of these services, you will have to submit your expenses to that insurer first.
If you do not have extended health care or if there is a deductible (for example if they only pay 80%) or an annual limit for expenses that you exceed, or if a particular service is not covered, you will have access to the medical and rehabilitation policy of the Accident Benefit insurer. You and your treatment providers will make arrangements to have your services paid directly by the Accident Benefit insurer, in most situations.
However, if there are accident-related services that are not covered, you or your lawyer will need to track those expenses to claim them from the at-fault driver. In addition, there is a policy limit for Accident Benefits depending on the severity of the accident (either $100,000 or $1,000,000). Anything over and above the Accident Benefits’ limits would also be claimed from the at-fault driver.
Navigating Loss of Income Claims in Ontario Accidents
Ontario accident victims are only entitled to 80% of their pre-trial loss of income. They are entitled to 100% of post-trial losses.
If you had a straight salaried position that you can no longer do, it will be relatively easy to calculate your past loss of income. However, you will want to be aware of any raises or bonuses your co-workers received if you would have received the same.
Calculating your loss of income is trickier when your pre-accident work was irregular, your career was on an upward trajectory, or market conditions in your position were changing, for better or for worse. It is also more challenging to calculate income loss for people who are self-employed.
If you are retrained to work at another position, the income from your new position will have to be factored into your claim for losses.
It is vitally important to track, calculate, document, and fairly project your loss of income claim and any related loss of a future pension. We commonly use an economist, forensic accountant, and/or actuary to perform these types of calculations.
Tracking Other Accident-Related Expenses in Ontario
Out-of-pocket expenses for other services you are required to purchase because of your accident should also be tracked. For example, if you are unable to drive for four months because of a leg cast, you will have transportation expenses. You will need receipts and records to prove those losses. If you were driven by a loved one, a record of that person’s time will be important.
If you have to hire a babysitter to look after kids because you cannot take care of them due to your injuries or to get to medical appointments, and you did not qualify for the caregiver benefit under the Accident Benefits, you can claim these expenses from the at-fault driver if you have accurate records and can prove your losses.
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During your initial strategy session, we will assist you in creating a strategy in how to best pursue your claim, whether it be the result of a car accident claim, 18 wheeler injury, or, other kind of personal injury claim.
There are 5 points to your free claim strategy session:
First, we will listen to your story. You will have a chance to tell everything to someone who wants to hear what happened to you.
Based on the information you provide, we will give you our best advice on both what claims you have and the next steps you should consider to go forward with your claim.
If you claim is something that we think we can help you with, we will explain the services that we can provide for you, and what the next steps are that we should take. We will start working immediately.
If your matter is something that we do not think we can help you with, then we will attempt to put you in contact with another lawyer that might be able to help you.
Either way, what should happen is we will put to rest some of the unknowns that you may be experiencing. We will start to shed light on what you can expect and how to best pursue the benefits you deserve.
Auger Hollingsworth Personal Injury Lawyers represents injured people across Ontario. Note: This website provides information but not legal advice. Contact a lawyer for legal advice about your case. Every case is different.